Laxmikanth Test: Anti-Defection Law - UPSC MCQ

The 52^nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another

Later, the 91^st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule. It omitted an exception provision i.e., disqualification on ground of defection not to apply in case of split.

It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections. Rajiv Gandhi, the then Prime Minister, described it as the ‘first step towards cleaning-up public life’.

The anti defection law gives a clear cut constitutional recognition to the existence of political parties.

The whip of any party can expel the member in case he/ she observes a defection.

Key Points

• Disqualification on the ground of defection not to apply in case of a split.
  • Where a member of a House claims that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the members of such legislature party.
• Disqualification on the ground of defection not to apply in case of a merger.
  • A member of his original political party merges with another political party and he claims that he and any other members of his original political party:
    • Have become members of such other political party or, as the case may be, of a new political party formed by such merger.
    • Have not accepted the merger and opted to function as a separate group.

The Tenth Schedule contains the provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection

Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.

The Committee on Electoral Reforms (Dinesh Goswami Committee) in its report of 1990, the Law Commission of India in its 170th Report on “Reform of Electoral Laws” (1999) and the National Commission to Review the Working of the Constitution (NCRWC) in its report of 2002 have, inter alia, recommended omission of the provision of the Tenth Schedule pertaining to exemption from disqualification in case of splits

Following the Dinesh Goswami Committee's recommendations, there must be assent of at least 2-3rd members for any merger to be termed as valid.